The Madhya Pradesh High Court cancelled the bail of an accused who was seen celebrating his release by firing gunshots in the air amidst a mob challenging the same.
This was seen in the case of SMT. RAMLESH BAI versus STATE OF MADHYA PRADESH AND ANR [MISCELLANEOUS CRIMINAL CASE No. 45937 of 2022], presided over by Hon’ble Shri Justice Gurupal Singh Ahluwalia.
FACTS OF THE CASE
The Respondent who was granted a bail is facing trial for offence under Sections 420, 467, 468, 409, 471 of IPC.
It is observed that when the respondent was released on bail, he was welcomed by a mob of more than 100 people, who garlanded him, touched his feet and chanted slogans in his favour. Furthermore, he was bought to his house in an open jeep, waiving his hands to public and even gunshots were fired by the applicant in the air and the supporters were challenging the applicant.
The conduct of the applicant was video-graphed and the said video was submitted under Section 65-B of the Evidence Act
The release of the respondent has sent a shock way in the society and the manner in which respondent came out of the jail has also adversely affected the moral of the witnesses.
It was further submitted that the Supreme Court in the case of Ms. P. Vs. State of Madhya Pradesh and another reported in AIR 2022 SC 2183 has dealt with such a situation and has found that the bail granted to the accused was cancelled.
It was argued before the court that merely because the supporters of the respondent had welcomed him after his release and also took blessings from him would not amount to demonstration of any authority or terror. Welcoming and blessing after release of an accused is a normal feature of the Indian society and there is nothing unusual in it.
The Court clarified that a person being granted bail should not be equated to them being acquitted of the charges.
The court further noted that, glorification of an accused on his release by a mob of several persons would necessarily have an adverse effect on the society. Glorification of an accused can never be in the interest of society as well as justice dispensation system. Furthermore, the witnesses have also started turning hostile which may be result of glorification or release of respondent on bail.
The Court was of the considered opinion that the bail granted to the respondent is liable to be cancelled on the ground of misuse of liberty of the respondent.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.